§ 1705 — Annexing territory to a union free school district

§ 1705. Annexing territory to a union free school district. 1.\nTerritory may be annexed to a union free school district as provided in\nthis section.\n a. The commissioner is authorized and empowered to make and enter in\nthe commissioner's office orders dissolving one or more common, union\nfree or central school districts and annexing the territory of such\ndistricts, or portions thereof, to one or more adjoining union free\nschool districts, subject to approval of the voters of each school\ndistrict affected thereby.\n b. When an order annexing territory to a union free school district\nhas been made and entered as provided in this section, the commissioner\nshall, within ten days thereafter, cause certified copies of said order\nto be filed with the clerk or school authorities of each school district\naffected thereby. Within thirty days of filing of such order, the\ncommissioner shall fix a time and place for a special meeting of the\nqualified voters of each school district affected by the proposed\nannexation and shall cause notice thereof to be posted at least ten days\nbefore each such meeting in ten conspicuous places in the school\ndistrict. In addition to the posting of such notice, a copy thereof\nshall be duly published, at least three days before each such meeting,\nin a daily or weekly newspaper published within, or in general\ncirculation in, the school district in which such meeting is to be held.\nThe expense of posting and publishing such notice shall be a charge upon\nthe school district conducting such meeting.\n 2. Except as provided in this subdivision, any special district\nmeeting held pursuant to paragraph b of subdivision one of this section\nshall be conducted in accordance with the procedures specified in\nsection eighteen hundred three of this chapter.\n a. At a meeting held pursuant to paragraph b of subdivision one of\nthis section, a resolution in substantially the following form shall be\npresented for the action and determination of the meeting, viz.:\n"Resolved that the...(insert simplified name of district in accordance\nwith section three hundred fifteen of this chapter) school district be\nannexed to the...union free school district (designate union free school\ndistrict) as provided in the order of the commissioner of education now\nbefore this meeting."\n b. If at any such meeting the resolution described in paragraph a of\nthis subdivision shall be presented and shall not be adopted, there\nshall be no further proceedings at such meeting, except a motion to\nreconsider the question. No such meeting shall again be called by the\ncommissioner within one year after such original meeting. If no meeting\nshall be called to reconsider the question within two years after such\noriginal meeting, or if at any such meeting called within two years\nafter such original meeting the resolution shall again be rejected by\nthe voters, the order of the commissioner to which the resolution\nrelates shall be deemed null and void and of no further force or effect.\n c. If the resolution submitted to the voters as provided in paragraph\na of this subdivision shall be adopted by the voters of each school\ndistrict affected by the order of the commissioner, the territory\ndescribed therein shall thereupon be annexed to the existing union free\nschool district or districts as provided in such order.\n 3. Whenever a common school district, union free school district or\ncentral school district becomes a part of a union free school district\npursuant to the provisions of this section, the union free school\ndistrict of which any such district shall have become a part, shall\nsucceed to all the property rights of such common, union free or central\nschool districts and all indebtedness of any such school district\nevidenced by bonds or notes or relating to school building construction\nshall become a charge upon such union free school district of which such\ndistrict shall have become a part, but all other indebtedness of any\nsuch district shall be paid by any such district in accordance with the\nprovisions of section fifteen hundred eighteen of this chapter and to\nthat extent any such district shall continue to exist in law for the\npurpose of providing for and paying all such indebtedness in accordance\nwith the provisions of such section.\n 4. Notwithstanding any other provision of law, whenever a common\nschool district, union free school district or central school district\nis annexed in its entirety to a union free school district pursuant to\nthis section, all employees of the former school districts at the time\nof dissolution shall immediately become employees of the reorganized\nunion free school district, shall retain their tenure and/or employment\nstatus and the seniority gained in the annexed district, and the\nseniority list of the employees of the annexed school district shall be\nmerged with the seniority list of the employees of the annexing school\ndistrict. If the number of teaching positions needed to provide services\nin the reorganized union free school district is less than the number of\nteachers considered to be employees of the reorganized union free school\ndistrict pursuant to this subdivision, the board of education shall\nabolish the unneeded positions and place teachers on preferred eligible\nlists in accordance with section three thousand thirteen of this\nchapter. For salary, sick leave and other purposes, an employee's length\nof service with the annexed school district shall be credited as\nemployment time with the annexing union free school district. This\nsection shall in no way be construed to limit the rights of any such\nemployees set forth in this section granted by any other provision of\nlaw.\n